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China's Financial Reform: Issues and Legal Suggestions

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초록

High or low degree of banking market reflects the overall level of development of a national market economy. In China, there are still more stringent restrictions for the domestic private capital to enter the banking market; the market of the interest rate and exchange rate of RMB has just started; there are still the larger institutional barriers in enhancing the regulatory capacity and the level of the banking regulatory agencies. Solving these problems will not only improve the relevant legal system, but also establish the various mechanisms and the specific implementation rules to ensure the effective running of the system for. The main points to reform is: on the access of banks, we should take a access system combined the clear method to customize with the record-keeping system on the interest rates and exchange rates, we should adopt the way of transaction pricing of international market as soon as we can on the supervision of the banking sector, we should strictly strengthen the universal applicability and executive rate of the responsibility according to the statutory standards and procedures. Only in this way, can we make China's banking industry to become the main body of modern financial services with the capacity of international competitiveness and international cooperation on the basis of the rule of law.

Abstract

High or low degree of banking market reflects the overall level of development of a national market economy. In China, there are still more stringent restrictions for the domestic private capital to enter the banking market; the market of the interest rate and exchange rate of RMB has just started; there are still the larger institutional barriers in enhancing the regulatory capacity and the level of the banking regulatory agencies. Solving these problems will not only improve the relevant legal system, but also establish the various mechanisms and the specific implementation rules to ensure the effective running of the system for. The main points to reform is: on the access of banks, we should take a access system combined the clear method to customize with the record-keeping system on the interest rates and exchange rates, we should adopt the way of transaction pricing of international market as soon as we can on the supervision of the banking sector, we should strictly strengthen the universal applicability and executive rate of the responsibility according to the statutory standards and procedures. Only in this way, can we make China's banking industry to become the main body of modern financial services with the capacity of international competitiveness and international cooperation on the basis of the rule of law.

참고문헌 (14)

  1. Wang Yi-ping, "Research on the Basic Problems of China’s Bank law", pp.166~ (2005), the People's Court Press
  2. Wang Yi-Ping, "the Financial legal System Innovation", pp.3~ (2012), Law Press
  3. "Commercial Bank Law" has not clearly stipulated the restrain for the non state-owned capitals to enter the banking. But in fact, the private capitals have been forbidden to establish a bank independently", Chinese, ~
  4. Qiang Li, "Financial Law", pp.71~ (2003), Higher Education Press
  5. Li jin-ze, "Research on the Difficult Problems of Bank Law", pp.136~ (2004), China’ Procuratorial Press
  6. You Quan-rong, "Comparative Study of Finance Law", pp.68~ (2008), The People's Court Press
  7. Hu Bin, "The Legal Report of China's Financial System", pp.283~ (2006), Social Sciences Academic Press
  8. Wu Zhi-pan, "Cross-strait Banking Law & Practice Forum", pp.204~ (1999), Law Press
  9. Li jin-ze, "Research on the Difficult Problems of Bank Law", pp.32~ (2004), China’ Procuratorial Press
  10. Zheng Xiao-dong, "Twenty-first Century: the State-owned Commercial Bank Innovation and Development", pp.73~ (1998), Social Science Literature Publishing House
  11. Wang Yi-ping, "On the Risk Prevention of the Credit Assets of the State-run Commercial Bank", China Legal Science, (4) (2004)
  12. Tang Xu, "Forward Financial Theory", pp.43~ (1999), China Financial Publishing House
  13. Wang Yi-Ping, "the Financial legal System Innovation", pp.56~58 (2012), Law Press
  14. Wang Yi-Ping, "the Financial legal System Innovation", pp.4~ (2012), Law Press

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